Flagler County, FL Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Banned products
- Cigarettes, filtered cigars, pipes, vaping devices
- Exempted
- Unfiltered cigars
- Where allowed
- Only in posted, designated smoking/vapor areas
- Applies to
- County parks and recreation areas only
- Last amended
- Ord. No. 2024-05, September 16, 2024
- Penalty
- Up to $500 fine or 60 days jail
Summary
Flagler County bans smoking cigarettes, filtered cigars, pipes and vaping in county parks and recreation areas under Sec. 23-2(34), except in areas posted for smoking or vapor use. Unfiltered cigars are expressly excluded from the ban. The rule covers only county-operated parks in the unincorporated county, not city parks or other public property.
(34)Smoke cigarettes, filtered cigars, or pipes, or use any other devices to inhale smoke from burning tobacco products or to inhale vapor from vapor-generating electronic devices, unless such activities occur in an area designated for smoking or use of vapor-generating electronic device by posted signage. Provided however, this prohibition does not apply to the smoking of unfiltered cigars.
Full Breakdown
Sec. 23-2(34) of the Flagler County Code prohibits smoking "cigarettes, filtered cigars, or pipes," and separately bars using "any other devices to inhale smoke from burning tobacco products or to inhale vapor from vapor-generating electronic devices," inside any county park or recreation area, unless the activity occurs in a location the county has posted with signage designating it for smoking or vapor use. The ordinance carves out one specific exemption: smoking unfiltered cigars is not covered by the prohibition, regardless of location within the park.
The article defines its terms precisely. "Smoke" means inhaling, exhaling, burning, carrying or possessing any lighted tobacco product, including cigarettes, filtered cigars and pipe tobacco. "Vapor" means aerosolized or vaporized nicotine or other substance produced by, or exhaled from, a "vapor-generating electronic device," which the code defines broadly to include electronic cigarettes, cigars, cigarillos, pipes and any similar product using electronic, chemical or mechanical means to produce vapor or aerosol, along with replacement cartridges and refill solutions for such devices. The prohibition was most recently amended by Ord. No. 2024-05 on September 16, 2024.
Because this rule is drawn from Chapter 23, "Parks and Recreation," it applies only to property the county itself operates as a park, preserve or recreation area in unincorporated Flagler County. It does not create a general outdoor-smoking ban on county sidewalks, roads or other public property, and it has no bearing inside Palm Coast, Flagler Beach, Beverly Beach, Bunnell or Marineland, each of which would need its own ordinance to restrict smoking in its own parks.
Violations & Fines
Smoking outside a posted designated area in a county park is a civil infraction under Sec. 23-7, enforceable under Sec. 1-6 (fine up to $500, up to 60 days in jail, or both) or Chapter 9's civil citation process, or it may be prosecuted as a misdemeanor under Fla. Stat. § 125.69.
Frequently Asked Questions
Can I smoke in a Flagler County park?
Is vaping treated the same as smoking in county parks?
Why are unfiltered cigars allowed but not filtered cigars?
Sources & Official References
Other rules in Flagler County
Florida rules heatmap·Compare Flagler County to another location·View the Florida public conduct overview
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